Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40609 of 2018 Applicant :- Dhan Prasad alias Babloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amit Daga & Sri Piyush Kumar Shukla, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.458 of 2015, under Sections 302 & 506 IPC, Police Station Mauranipur, District Jhansi, with the prayer to release him on bail.
Learned counsel for the applicant has urged that the applicant was challaned for an offence under Section 304 IPC and his bail application was rejected under aforesaid sections by the Court below. Thereafter Criminal Misc. Bail Application No.23561 of 2016 was filed before the Court and this Court granted bail to the applicant on 24.8.2018 on the ground that the present case will not travel beyond the purview of Section 304(2) Cr.P.C. It is argued that charge under Section 302 IPC has been framed against the applicant by the Court below, though prima-facie, it is not made out under the facts and circumstances of the present case. Lastly, he contended that the applicant is continuously in jail since 1.8.2015, having no criminal antecedents to his credit, deserves to be released on bail.
Per contra, learned AGA vehemently opposed the bail prayer of the applicant but could not dispute that the applicant has already been enlarged on bail under Section 304 IPC and now charge has been framed under added section i.e., 302 IPC against the applicant during trial.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Dhan Prasad alias Babloo, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 Hasnain